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Embedded thumbnail for Are restrictive covenants enforceable and legal? Ask the Expert

29/01/2019

Are restrictive covenants enforceable and legal? Tosh Polpitye expert employment law solicitor will explain. So to be legal and enforceable it has to be reasonable in the circumstances and it has to protect the legitimate business interest of the company.

Embedded thumbnail for Are restrictive covenants enforceable? Ask the Expert

19/02/2019

Employers often choose to include some form of restrictions within the employment contracts they issue to employees and those employees. On signing the contract, sign up to the restrictive covenants, in effect agreeing not to do certain things once their employment is over.

Embedded thumbnail for Can your previous employer enforce a restrictive covenant and stop you working? Ask the Expert

22/05/2019

Have you left your job? Are you going to work for a competitor employer?

Embedded thumbnail for Can your previous employer enforce the restrictive covenant in the contract? Ask the Expert

26/03/2019

Can your previous employer enforce the restrictive covenant in the contract?

The law relating to these restrictive covenants is extremely complex. And there are a number of issues which need to be considered when deciding if you can enforce the covenant. Generally, a restrictive covenant will be enforceable between the original parties as a matter of contract.

Embedded thumbnail for Do I Need an Employment Contract? Understanding Employment Contracts with Rebecca Reid

05/01/2017

Expert employment solicitor Rebecca Reid answers questions and explains about employment contracts.

Embedded thumbnail for Employment contracts and your rights with Katie Ash

05/01/2017

Solicitor Katie Ash answers some questions and explains about contracts of employment.

Embedded thumbnail for How long can restrictive covenants be enforceable? Ask the Expert

05/02/2019

A restrictive covenant is a clause which restricts the post-termination activity of any employees once they have left the business, affecting many issues such as confidentiality, solicitation of clients and the location of the business.

Embedded thumbnail for How long can restrictive covenants be enforceable? Ask the Expert

26/02/2019

A restrictive covenant is a clause which restricts the post-termination activity of any employees once they have left the business, affecting many issues such as confidentiality, solicitation of clients and the location of the business.

Embedded thumbnail for My employer has dismissed me can they still enforce the restrictive covenant in my contract?

09/04/2019

Can employers only enforce the terms of employment contract post-employment restrictions where they themselves are not in breach of that contract?

So, as an example, if an employer terminates an employee’s employment with immediate effect and makes a payment in lieu of their notice period without the contractual right to make that payment, they would be in breach of the contract and could not, therefore, seek to enforce any restrictive covenants.

Embedded thumbnail for What are post-termination restrictions? Ask the Expert.

19/03/2019

Post-termination restrictive covenants are contractual clauses which may be contained within an employee’s contract of employment. Restrictive covenants will often restrict the employee’s right to conduct activities in competition with their former employer after the employment relationship has ended.

Embedded thumbnail for What are the different types of restrictive covenants? Ask the Expert

18/12/2018

What are the different types of restrictive covenants in an employment contract?

The standard types of restrictions which can be used by employers are:

• non-competition covenants - restrictions on the former employee working in similar employment for a competitor;

• non-solicitation covenants – which prevent poaching of clients/customers/suppliers of the former employer.

Embedded thumbnail for What is a non-solicitation clause?

12/02/2019

A non-solicitation clause in an employment contract is and agreement in which an employee agrees not to solicit a company’s clients or customers, for his or her own benefit or for the benefit of a competitor, after leaving the company. A non-solicitation clause can also include an agreement by the employee not to solicit other employees to leave when he or she quits or otherwise moves on.

Embedded thumbnail for What is a restrictive covenant? Ask the Expert

11/12/2018

Restrictive covenants tend to be in most employment law contracts in one form or another and every business has information that it will consider both essential and invaluable to its operation and success. It then makes it essential that restricting the use of this information by its employees after their employment has ended vital to the protection of the business or customer contacts.

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